A coalition of 25 community and good-government groups, including Task Force Members Develop, Don’t Destroy Brooklyn, Council of Brooklyn Neighborhoods, and NYPIRG, filed an new appeal yesterday in the legal case challenging the environmental review and approval process for the Atlantic Yards development. (Lawyer-types can find the detailed information here).
DDDB explains: “The appeal focuses on the plaintiffs’ charge that the lower court erred in numerous respects, including the following:
- The State’s determination that the project site is “blighted” was illegitimate, was illegitimate, and manufactured by the developer to take valuable private property via eminent domain.
- The State had no authority to approve the Barclays Center Arena because it is not a “Civic Project” as defined under the Urban Development Corporation Act (UDCA).
- The State violated the State Environmental Quality Review Act (SEQRA) by failing to consider the possibility of terrorism and other security breaches on the Project.
- The State violated SEQRA by grossly misrepresenting the project’s construction timeline, thereby minimizing the project’s impacts, and not requiring adequate mitigation.
- The State violated SEQRA when it failed to adequately study alternative locations for the proposed Project, including locating the arena in Coney Island.
- The PACB violated SEQRA by approving the project without considering its environmental impacts and failing to make its own SEQRA findings.”
A victory in this lawsuit would require a the developer to undertake a new environmental impact study, and would also require a new vote on the project by the Public Authorities Control Board.